I This document constitutes the base prospectus of ... - Volksbank AG
I This document constitutes the base prospectus of ... - Volksbank AG
I This document constitutes the base prospectus of ... - Volksbank AG
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8.3 Czech Republic<br />
The following text is merely a summary <strong>of</strong> certain Czech tax aspects and consideration relating to <strong>the</strong> Securities<br />
that does not purport to be a comprehensive summary <strong>of</strong> all tax-relevant aspects that may be important<br />
from <strong>the</strong> perspective <strong>of</strong> deciding on a purchase <strong>of</strong> <strong>the</strong> Securities. <strong>This</strong> summary does not describe any tax<br />
aspects resulting from <strong>the</strong> laws <strong>of</strong> any o<strong>the</strong>r state than <strong>the</strong> Czech Republic. <strong>This</strong> summary is <strong>base</strong>d on <strong>the</strong> legal<br />
regulations effective as <strong>of</strong> <strong>the</strong> day <strong>of</strong> this Prospectus and may be subject to a subsequent change (including<br />
potential retroactive results). Future assignees <strong>of</strong> <strong>the</strong> Securities should consult with <strong>the</strong>ir legal and tax advisors<br />
on tax, legal consequences <strong>of</strong> <strong>the</strong> acquiring, owning and disposing <strong>of</strong> <strong>the</strong> Securities and <strong>the</strong> receipt <strong>of</strong><br />
payments <strong>of</strong> interest and o<strong>the</strong>r forms <strong>of</strong> yield on <strong>the</strong> Securities under <strong>the</strong> tax and foreign exchange regulations<br />
in effect in <strong>the</strong> Czech Republic and <strong>the</strong> countries in which <strong>the</strong>y are residents as well as countries in which<br />
incomes from holding and selling <strong>the</strong> Securities may be taxed. The following summary is <strong>base</strong>d on <strong>the</strong> assumption<br />
that <strong>the</strong> Certificates qualify as securities within <strong>the</strong> meaning <strong>of</strong> Czech law and that <strong>the</strong> revenues<br />
from <strong>the</strong> Certificates do not qualify as interests or dividends.<br />
8.3.1 Czech income taxation<br />
8.3.1.1 Tax Residents Individuals<br />
The payments <strong>of</strong> interest accruing on <strong>the</strong> Securities to individuals with unlimited income tax liability in <strong>the</strong><br />
Czech Republic holding <strong>the</strong> Securities as a non-business asset are subject to taxation in <strong>the</strong> Czech Republic.<br />
If interest is paid out by a Czech tax payer, <strong>the</strong>n such payments are subject to withholding tax <strong>of</strong> 15% in 2009;<br />
no additional income tax is levied over and above <strong>the</strong> amount <strong>of</strong> tax withheld (final taxation pursuant to Section<br />
5(5) <strong>of</strong> <strong>the</strong> Czech Income Tax Act 1 ).<br />
The difference between <strong>the</strong> nominal value <strong>of</strong> a bond 2 and its issue price at <strong>the</strong> time <strong>of</strong> issue is considered to be<br />
interest income from capital pursuant to Section 8 <strong>of</strong> <strong>the</strong> Czech Income Tax Act, subject to withholding tax at<br />
rate <strong>of</strong> 15% in 2009 (note that in <strong>the</strong> case <strong>of</strong> repurchase before maturity <strong>the</strong> redemption price shall be taken<br />
into account instead <strong>of</strong> <strong>the</strong> nominal value).<br />
Where <strong>the</strong> interest is made on Securities originated from sources abroad or <strong>the</strong> income on difference between<br />
<strong>the</strong> nominal value paid for a bond and its issue price at <strong>the</strong> time <strong>of</strong> issue is originated from sources abroad,<br />
this gross income (including tax withheld abroad) not reduced by connected expenses shall be included in tax<br />
<strong>base</strong> subject to general 15% tax in 2009.<br />
Capital gains (i.e. <strong>the</strong> difference between <strong>the</strong> sales price and <strong>the</strong> acquisition price <strong>of</strong> Securities increased by<br />
related fees for trading in <strong>the</strong> capital market and costs spent in connection with <strong>the</strong> sale) realized upon sale <strong>of</strong><br />
one or more Securities are, in 2009, subject to income tax at a general 15% tax rate pursuant to Section 10 <strong>of</strong><br />
<strong>the</strong> Czech Income Tax Act (if not exempt - see below). It should be noted however that if capital loss is incurred<br />
from <strong>the</strong> sales <strong>of</strong> Securities in <strong>the</strong> taxation period, <strong>the</strong> decrease <strong>of</strong> <strong>the</strong> tax <strong>base</strong> by such loss will not be<br />
possible.<br />
Capital gains from <strong>the</strong> Securities sold after <strong>the</strong> lapse <strong>of</strong> a six month period following <strong>the</strong>ir acquisition might<br />
be exempt from personal income tax pursuant to Section 4(l)(w) <strong>of</strong> <strong>the</strong> Czech Income Tax Act only if <strong>the</strong> total<br />
direct share <strong>of</strong> <strong>the</strong> seller in capital or voting rights <strong>of</strong> <strong>the</strong> issuer has not exceeded 5% during last 24 months 3 .<br />
1 Act No. 586/1992 Coll., on Income Tax, as amended.<br />
2 The Notes are likely to be considered as bonds within <strong>the</strong> meaning <strong>of</strong> Czech law.<br />
3 The condition in respect <strong>of</strong> <strong>the</strong> total holding interest applies only for securities purchased after 1 January 2008.<br />
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